- 1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between CÔNG TY TNHH MTV SWIMMING & LIFESAVING VIỆT NAM. (Company Registration No.: 0401815867), a company incorporated in Vietnam and having its registered office at Tầng 2 – Toà nhà LIGHTHOUSE – số 1254 đường Xô Viết Nghệ Tĩnh, Phường Hoà Cường Nam, Quận Hải Châu, Thành phố Đà Nẵng, Việt Nam (hereinafter referred to as “VSLC”), and any person placing an order on VSLC’s website www.vslc.com.vn (the “Website”), (hereinafter referred to as the “Customer” or “you” and collectively with VSLC, the “Parties”).
- 1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the supply of any product on the Website (“Product”) to the Customer.
- 1.3. Without prejudice to any other provision in these General Conditions, by using the Website or purchasing any Product, you represent, warrant and undertake (i) to accept, comply with, and be bound by these General Conditions; (ii) that you are over 18 years of age or you access under the supervision of your parents or of legal guardiansand have the legal capacity to abide by these General Conditions; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
- 1.4. These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether VSLC has objected to them explicitly, are expressly waived and excluded.
- 1.5. VSLC reserves the right to amend, modify, update, change or otherwise alter these General Conditions at any time. You are advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time you place an Order.If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website or cease placing an order on the Website.
- 2.1. Submitting an Order
- 2.1.1. A Customer who wishes to purchase Products shall place an order through the Website (“Order”). All Orders are subject to acceptance by VSLC and availability of Products.
- 2.1.2. Prior to submitting an Order, the Customer shall set up an account on the Website. For the steps you need to take to place an Order on the Website, please see Clause 2.2 hereunder.
- 2.1.3. The Order process allows you to check and amend any errors before submitting your Order to VSLC. Please take the time to read and check your Order at each page of the Order process.
- 2.1.4. By placing an Order, you are (i) offering a contract with VSLC for the purchase of a Product on these General Conditions, (ii) representing that you are over 18 years of age or you access under the supervision of your parents or of legal guardians and have the legal capacity to form a binding contract, (iii) representing that you are an end user, and (iv) representing that all information provided to VSLC in connection with such Order is true and accurate and that you are authorised to use the payment method you have provided for such Order.
- 2.1.5. Once an Order has been placed, you will receive an e-mail from VSLC acknowledging the receipt of your Order (“Order Confirmation”).
- 2.1.6. Prior to VSLC’s acceptance of an Order, verification of information may be required. VSLC reserves the right at any time on receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Order Confirmation, for any reason whatsoever.
- 2.1.7. VSLC may place a limit on the quantities that may be purchased per Order, per account, per credit card or per person which you will be informed of prior to VSLC accepting your Order.
- 2.1.8. VSLC may, at its sole discretion, accept amendments to an Order after an Order Confirmation has been provided to the Customer.
- 2.2. How to place an order on the Website?
- The Customer will be required to complete several stages when placing an Order:
- add its chosen items to its basket; select a delivery method; select a method of payment; confirm payment information and make its payment; the Customer will receive an e-mail confirming that its Order has been logged; and lastly, the Customer will receive an e-mail confirming its order (Order Confirmation).
- Once the Order is ready to be shipped, VSLC will send an order shipping email to the Customer (dispatch confirmation) including but not limited to: list of all Products that the Customer has ordered, quantity and price of each Product, and total value; time of delivery; contact information for the Customer to inquire about the status of transaction performance (when necessary).
- 2.3. Price and Payment
- 2.3.1. Product prices will be stated on the Website. If VSLC has a retail location in your country/region, the process, Product selection and promotions offered on the Website may vary at any time from what is available or offered in the retail locations.
- 2.3.2. Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order.
- 2.3.3. Prices are displayed in Vietnamese Dong (VND). VSLC makes reasonable efforts to ensure that the price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
- 2.3.4. Prices displayed exclude delivery costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
- 2.3.5. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by way of (i) credit or debit card issued by a credit or debit card company acceptable to VSLC or (ii) VTC Pay. VSLC reserves the right to change the payment options at any time for any reason.
- 2.3.6. All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by VN Pay.
- 2.3.7. You undertake that all details you provide to VSLC in connection with the Order will be correct, that the credit/ debit card or account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. VSLC reserves the right to obtain validation of your payment details before providing you with the Products.
- 2.3.8. If you are a Customer whose credit or debit card is not denominated in Vietnam Dong (VND), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, VSLC shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
- 2.3.9. Once VSLC has received cleared funds in full in relation to your Order, you will receive an e-mail from VSLC confirming your payment (“Payment Confirmation”).
- 2.3.10. The Website contains a large number of Products. It is always possible that despite VSLC’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If VSLC discovers an error in the price of any Product you have ordered, VSLC will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. VSLC will not dispatch your Order until your instructions have been obtained. If VSLC is unable to contact you using the contact details you have provided, VSLC will treat the Order as cancelled and notify you in writing. If the Order is cancelled, VSLC will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, VSLC does not have to provide the Product to you at the incorrect (lower) price.
- 2.4. Acceptance of Order
- 2.4.1. VSLC shall not be obliged to supply the Products to you until it has accepted your Order. Until the time VSLC accepts your Order, VSLC reserves the right to cancel your Order for any reason whatsoever, including but not limited to VSLC having reasonable grounds to believe you have breached these General Conditions, unavailability of Products or the Products not being purchased for end use. If VSLC cancels your Order before it has accepted it, VSLC will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
- 2.4.2. Your Order remains valid as an offer until your Order has been accepted. A contract shall be formed and VSLC shall be legally bound to supply the Products to you when VSLC confirms its acceptance to you by sending you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”).
- 2.5. Customs Regulations
- 2.5.1. The Customer is deemed to be the importer of the Products to the country of delivery and shall at all times be solely responsible for compliance with any and all applicable regulatory requirements in the country of delivery, which shall include but not be limited to (i) obtaining, at its own costs, such import licenses and other consents in relation to the import of the Products into the country of delivery, as are required from time to time, (ii) conducting all necessary testing and verification of the Products, including fitness for the intended purpose and (iii) any labelling requirements imposed on the Products.
- 2.5.2. The Customer shall be responsible for all applicable taxes, duties, fees or other charges of any nature (including but not limited to local sales taxes, consumption, gross receipts, import, sales, stamp duties, turnover, use or value-added taxes and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto, imposed by any governmental authority on the Customer) in relation to the purchase of the Products to the country of delivery.
- 2.5.3. VSLC will ship the Products DDU (Delivery Duty Unpaid) and will not collect any taxes, duties and/or fees and cannot predict what your particular charges may be. VSLC will only charge you for the Products purchased and the delivery cost involved. If your Order does incur additional charges, they must be paid by you in order for the Products to clear customs.
- 2.5.4. Customs authorities require that VSLC state the value of the Products directly on the package. Custom agents have the right to release or deny your Products, and in some cases, they may also delay delivery.
- 2.5.5. Note: VSLC shall under no circumstances be responsible to you if the products do not comply with any applicable laws, rules or regulatory requirements in the country of delivery.
- 3.1. The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where VSLC can deliver Products.
- 3.2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding on VSLC.
- 3.3. VSLC shall contact you if an estimated delivery date cannot be met but VSLC and in this context, VSLC will give you the option of continuing to purchase the Product or cancelling your Order. If the Order is cancelled, VSLC will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
- 3.4. The Products shall be packaged in accordance with VSLC’s standard packing procedures. VSLC reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
- 3.5. Unless otherwise agreed by VSLC, VSLC will deliver your Products to the delivery address provided by you on your Order Confirmation. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, VSLC’s appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
4. VSLC’S PRODUCT
- 4.1. The images of the Products on the Website are for illustrative purposes only. Although VSLC has made every effort to display the colours accurately, VSLC cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those images.
- 4.2. VSLC has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, any of such content may be inaccurate or out of date at any given time. VSLC reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
- 4.3. The packaging of the Products may vary from that shown on images on the Website.
5. RETURN POLICY
- 5.1 VSLC has a separate Returns & Warranty Policy.
6. PRODUCT WARRANTY
- 6.1 VSLC has a separate Returns & Warranty Policy.
7. ACCESS AND USE OF WEBSITE
- 7.1. Access to the Website 7.1.1. Access to the Website is made available free of charge. 7.1.2. VSLC does not guarantee that the Website, or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and VSLC reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. VSLC will not be liable to you if for any reason the Website is unavailable at any time or for any period.
- 7.2. Use of Website 7.2.1. Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website. 7.2.2. You may not use the Website: (a) in any way that breaches any applicable law, regulation or rule; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (d) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 7.4. Content 7.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “Content”) are owned by VSLC, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content on the Website is for general information purposes only and is not binding on VSLC in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website. 7.4.3. The use of and reliance on any Content on the Website is at your own risk and under no circumstances will VSLC be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website. 7.4.4. VSLC makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. VSLC reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you. 7.4.5. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of VSLC and VSLC is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by VSLC of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
- 7.5. Intellectual Property Rights 7.5.1. VSLC and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to VSLC or its associated companies’ trademarks, Products or business activities. 7.5.2. Except as expressly permitted by VSLC, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content.
- 7.6. User-Generated Content 7.6.1. VSLC does not claim ownership of the content you provide to VSLC (including comments, feedback, ratings, suggestions) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”). 7.6.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and VSLC will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you. You hereby agree and consent to the fullest extent permitted by Vietnamese law to waive your rights to protection of your personal information under the Civil Code of Vietnam and/or any applicable data protection legislation from time to time in force. 7.6.3. VSLC has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and VSLC will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website. You agree that any User-Generated Content that you post, upload or submit to the Website: (a) is accurate (where they state facts); (b) is genuinely held (where they state opinions); and (c) complies with applicable laws in the country from which they are posted. 7.6.5. You agree that you shall not post, upload or submit to the Website, any User-Generated Content that: (a) is not related to appropriate subject matters; (b) is misleading to others; (c) contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (d) infringes any third party intellectual property rights; (e) is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable; (f) promotes violence; (g) promotes any illegal activity; (h) is likely to deceive any person; (i) is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (j) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or (k) intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules. 7.6.6. You have the right to remove any User-Generated Content which you have posted, uploaded or submitted. 7.6.7. The User-Generated Content does not represent VSLC’s views, opinions, advice, values or beliefs and VSLC makes no claim of accuracy of any such User-Generated Content. 7.6.8. VSLC will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as VSLC deems appropriate, including but not limited to the following actions: (a) immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason; (b) immediate, temporary or permanent withdrawal of your right to use the Website; (c) issue of a warning to you; (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; or (e) further legal action against you.
8. DISCLAIMER AND LIMITATION OF LIABILITY
- 8.1. VSLC assumes no liability or responsibility for (a) errors, mistakes or inaccuracies of the products, content, user-generated content, services or any other information or material set out or made available through the website, (b) any unauthorized access to or use of secure servers (whether provided by VSLC directly or by third parties appointed by VSLC) and/or any and all personal information stored therein, (c) any property damage of any nature whatsoever resulting from a customer’s access to and use of or reliance on any products, content, user-generated content, services or any other information or material set out or made available through the website or any linked third party website(s), (d) any interruption or cessation of transmission to or from the services provided on the website and or linked third party website(s), (e) any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware transmitted through the website or any linked third party website(s) and/or (f) any errors or omissions in the content, user-generated content, information or material set out or made available through the website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
- 8.2. These general conditions set out the full extent of VSLC’s obligations and liabilities in respect of the supply of the products and there are no warranties, conditions or other terms that are binding on VSLC except as expressly stated in these general conditions.
- 8.3. Without prejudice to any other provision in these general conditions and except to the extent required by law, the maximum aggregate liability of VSLC, VSLC’s employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to these general conditions shall in no circumstances exceed the amount payable by you to VSLC in respect of the product(s) in question.
- 8.4. VSLC shall not be liable to the customer for: 8.4.1. Any indirect, special or consequential loss or damage; 8.4.2. Loss of data or other equipment or property; 8.4.3. Economic loss or damage; 8.4.4. any liability incurred by the customer for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or 8.4.5. any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, business or damage to goodwill, even if VSLC is advised in advance of the possibility of such losses or damages.
- 8.5. VSLC shall not be liable for losses arising from the customer’s subsequent misuse of the products including but not limited to: 8.5.1. fair wear and tear; 8.5.2. wilful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by the customer or by any third party; 8.5.3. failure to install, operate or use the products in accordance with the user instructions, specifications or conditions made available to the customer by VSLC; or 8.5.4. any alteration or repair by the customer or a third party who is not one of VSLC’s authorised repairers.
- 8.6. any products, content, user-generated content and services made available or obtained through the website or any linked third party website is done at the customer’s own discretion and risk and the customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
- 8.7. use and reliance upon any and all of the products, content, user-generated content is at the customer’s own discretion and risk and is made available on an “as is” and “as available” basis. except as may expressly be stated herein, VSLC makes no warranties or representations about the accuracy or completeness of the products, content, user-generated content, services or any other items or materials made available or linked to from the website.
- The Customer shall keep VSLC fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by VSLC, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with: (a) any claim made by any third party due to or arising out of any Content posted by the Customer on the Website; (b) any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products; or (c) any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
10. FORCE MAJEURE
- 10.1. 10.1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event VSLC shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event, PROVIDED ALWAYS THAT: 10.2.1. as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and 10.2.2. no obligations of VSLC which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence. 10.3.Where the Force Majeure Event affects VSLC’s delivery of Products to the Customer, VSLC will arrange a new delivery date with the Customer after the Force Majeure Event is over.
- For all Customer related enquiries, please contact us here.
12. GENERAL LEGAL PROVISIONS
- 12.1. Assignment The Customer shall not, without the prior written consent of VSLC, assign, transfer, charge or otherwise deal in any other similar manner with all or any of its rights under these General Conditions, subcontract any or all of its obligations under these General Conditions, or purport to do any of the same.
- 12.2. Remedies and Waivers No failure on the part of VSLC to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If VSLC does waive a default by the Customer, it will only do so in writing.
- 12.3. Illegality The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- 12.4. Severability All covenants, undertakings and other obligations given or entered into by the Parties are given or entered into severally unless the context otherwise requires.
- 12.5. Termination Agreement In the case any damage would arise from the violation of the General Conditions in the Website, we have the right to suspend or block your account permanently. If you are dissatisfied with the Website or any of the terms, conditions, regulations, policies, guidelines or the operation of the Website, the only way is to stop coordinating with us.
13. GOVERNING LAW
- These General Conditions shall be governed by and construed in accordance with the law of the Social Republic of Vietnam and the courts of the Vietnam shall have exclusive jurisdiction.